November 3, 2023 by Marjorie R. Rogers, MA (English), Certified Consultant
To get child support arrears dismissed, the former spouse or girlfriend must forgive the missing payments by contacting the Office of the Attorney General in their state and requesting a review. They can choose to forgive a portion or the entirety of the arrears.
Child Support Arrears
To get child support arrears dismissed in Texas, the former spouse or girlfriend who is owed the payments is the only person who can forgive them. You can start the process by calling the Office of the Attorney General in Texas and requesting a form for review.
Definition Of Child Support Arrears
Child support arrears refer to the outstanding or unpaid child support payments that have accumulated over time. When a non-custodial parent fails to make timely child support payments, the missed payments become arrears.
Consequences Of Unpaid Child Support
Unpaid child support can have serious consequences for both the custodial parent and the non-custodial parent. Some of the consequences that the non-paying parent may face include:
- Wage garnishment
- Driver’s license suspension
- Seizure of tax refunds
- Liens on property and assets
- Revocation of professional licenses
Common Reasons For Falling Into Arrears
There are various reasons why a non-custodial parent may fall into child support arrears. Some of the common reasons include:
- Financial hardships, such as unemployment or reduction in income
- Failure to update income information with the court
- Disagreements or disputes with the custodial parent
- Lack of awareness or understanding of child support obligations
Importance Of Addressing Child Support Arrears
It is crucial to address child support arrears to avoid further legal and financial complications. By addressing arrears, you can:
- Avoid accumulating additional interest or penalties
- Reestablish a positive relationship with the custodial parent
- Protect your credit score and financial stability
- Prevent potential enforcement actions, such as license suspension or wage garnishment
Steps To Get Child Support Arrears Dismissed
Child support arrears can be a burden for parents, but there are steps you can take to have them dismissed. By following the proper procedures and providing evidence of a change in circumstances, you can increase your chances of getting child support arrears dismissed. Here are the steps you need to follow:
Step 1: Contacting The Office Of The Attorney General Or Relevant Agency
The first step in getting child support arrears dismissed is to contact the Office of the Attorney General or the relevant agency in your state. They will provide you with the necessary information and forms to begin the process. You can call their helpline or visit their website for more information.
Step 2: Requesting A Review Of Child Support Arrears
Once you have contacted the office or agency, you will need to request a review of child support arrears. This can be done by filling out the appropriate form provided by the office or agency. Be sure to include all relevant information and documentation to support your request.
Step 3: Providing Evidence For A Change In Circumstances
In order to have child support arrears dismissed, you will need to provide evidence of a change in circumstances. This can include proof of loss of income, unemployment, or other significant financial changes. Make sure to gather all relevant documents, such as pay stubs, tax returns, and any other supporting evidence.
Step 4: Appearing In Court, If Necessary
If the review of child support arrears does not lead to a dismissal, you may need to appear in court. This will allow you to present your case to a judge and provide additional evidence to support your request. It is important to consult with an attorney or legal aid service to navigate the court process effectively.
Step 5: Negotiating A Payment Plan Or Arrears Reduction
If the court does not dismiss the child support arrears, you can negotiate a payment plan or ask for an arrears reduction. This can help make the monthly payments more manageable and prevent further financial hardship.
By following these steps and providing the necessary documentation, you can increase your chances of getting child support arrears dismissed. Remember to consult with legal professionals to navigate the process effectively and ensure the best outcome for you and your child.
Alternatives To Dismissing Child Support Arrears
When dealing with child support arrears, dismissing the outstanding payments entirely may not be the only option available. In certain situations, it may be more practical to explore alternative approaches that can help resolve the arrears while still ensuring financial support for the child. Here are some alternatives to consider:
Option 1: Modifying The Child Support Order
One alternative to consider is modifying the existing child support order. The court may be willing to adjust the amount owed based on changes in income, employment, or other significant factors. By filing a motion with the court to modify the child support order, you can demonstrate that your financial circumstances have changed, making it difficult to fulfill your current payment obligations.
It is important to gather and present evidence that supports your claim for modification. This may include documents such as pay stubs, tax returns, or medical bills that show a significant change in your financial situation. By providing relevant and persuasive evidence, you can increase your chances of having the child support order modified, which may help alleviate some of the arrears.
Option 2: Out-of-court Agreements With The Custodial Parent
Another alternative is to consider entering into an out-of-court agreement with the custodial parent. This option allows for open communication and negotiation between both parties, with the goal of finding a mutually agreeable solution that benefits all parties involved.
When pursuing an out-of-court agreement, it is crucial to approach the custodial parent respectfully and sympathetically. Clearly communicate your financial circumstances and the challenges you are facing, emphasizing your commitment to providing financial support for the child. By working collaboratively, you can explore alternative arrangements, such as a revised payment schedule or a reduced payment amount, that may be more feasible for both parties at the present time.
Option 3: Seeking Forgiveness From The Custodial Parent
If all other options have been exhausted, seeking forgiveness from the custodial parent is another alternative to consider. While this option is not guaranteed and depends on the individual circumstances and the relationship between both parties, it can be an effective way to address child support arrears.
When seeking forgiveness, it is essential to approach the custodial parent with sincerity and humility. Express remorse for the past missed payments and demonstrate your commitment to making things right moving forward. Having a frank and open conversation about the challenges you have faced may help the custodial parent understand your situation and be more receptive to forgiving a portion or all of the arrears owed.
Remember, forgiveness is a personal decision and may not always be granted. It is essential to approach this option with honesty and transparency, ensuring that your intentions are genuine.
By exploring these alternatives, you can potentially find a solution that helps address child support arrears while still ensuring financial support for the child. Whether through modifying the child support order, negotiating with the custodial parent, or seeking forgiveness, it is important to approach each option with empathy and a genuine desire to fulfill your obligations.
Frequently Asked Questions For How To Get Child Support Arrears Dismissed?
Can A Mother Forgive Child Support Arrears In Texas?
The mother is the only person who can forgive child support arrears in Texas. She can choose to forgive a portion or the full amount owed. Contact the Office of the Attorney General in Texas to start the process.
Does Back Child Support Ever Go Away In Texas?
Back child support does not go away in Texas. The former spouse or girlfriend needs to forgive the missing payments, and the process can be started by contacting the Office of the Attorney General in Texas. They will provide a request for review form to initiate the forgiveness process.
Can Child Support Arrears Be Dropped In Ny?
In New York, child support arrears cannot be dropped. The person who can forgive the missing payments is the former spouse or girlfriend. They have the option to forgive either a portion or the entire amount owed. To start the process, contact the Office of the Attorney General in New York and request a form for review.
How Do I File A Petition To Terminate Child Support In Texas?
To file a petition to terminate child support in Texas, follow these steps: 1. Contact the Office of the Attorney General in Texas. 2. Request a form called “request for review. ” 3. Fill out the form and submit it to the office.
4. Await a review of your case by a judge. 5. Once reviewed, the judge will issue an order to terminate income withholding. For more information and to download the necessary forms, visit the “Texas Law Help” website: http://texaslawhelp. org/.
Can Child Support Arrears Be Forgiven In Texas?
Yes, the former spouse or girlfriend can forgive the missing child support payments. The process starts by calling the Office of the Attorney General in Texas and requesting a form for review.
Is It Possible For Child Support Arrears To Go Away In Texas?
No, child support arrears in Texas do not go away on their own. However, there are legal options available to get rid of child support arrearage, such as filing a motion to establish child support or negotiating with the custodial parent.
To get child support arrears dismissed in Texas, you have several options. You can start by contacting the Office of the Attorney General and requesting a form called a request for review. Another option is to file a motion to establish child support, negotiate with the custodial parent, demonstrate that the child lived with you, or file a motion to set aside the court order.
Ultimately, it’s important to follow the necessary steps and provide supporting documentation to increase your chances of getting the arrears dismissed. Don’t let child support arrears burden you any longer. Take action and explore the available options.
About Author (Marjorie R. Rogers)
The inspiring mum of 6 who dedicates her time to supporting others. While battling with her own demons she continues to be the voice for others unable to speak out. Mental illness almost destroyed her, yet here she is fighting back and teaching you all the things she has learned along the way. Get Started To Read …